MIOSHA-CET-ADM-17-1
November 28, 2017
Michigan Voluntary Protection Program (MVPP) Policies and Procedures
MIOSHAConsultation Education and Training (CET) Division
Michigan Occupational Safety and Health Administration (MIOSHA)
Department of Licensing and Regulatory Affairs (LARA) / DIVISION
INSTRUCTION
DOCUMENT IDENTIFIER:
CET-ADM-17-1 / DATE:
November 28, 2017
SUBJECT: Michigan Voluntary Protection Program (MVPP) Policies and Procedures Manual
TABLE OF CONTENTS
Purpose
Scope
References
Distribution
Cancellations
Contact
Originator
CHAPTER I: INTRODUCTION
What is the MVPP?
Background
General Information
Overview of the MVPP Process
Terms of Participation
CHAPTER II: APPLICATION REVIEW PROCESS
Application Processing Responsibility
Application Submittal
Application Receipt
Application Review Procedures
Withdrawal of the Application
CHAPTER III: INITIAL ONSITE REVIEW
Overview
Program Review Preparation
Opening Conference
Documentation Review
Site Walk-Through
Process Safety Management (PSM)
Formal Interviews
Preparation of Findings
Report to MVPP Specialist
Formal Closing Conference
CHAPTER IV: APPROVAL PROCESS
Approval Process Responsibilities
Uncorrected Hazard(s)
Final Report
Approval
Application Denial
MVPP File
CHAPTER V: POST-APPROVAL ASSISTANCE FOR MVPP SITES
Introduction
Responsibilities
Off-site Assistance
Onsite Assistance
Withdrawal After Approval
Termination
Reinstatement
CHAPTER VI: REEVALUATION OF MVPP PARTICIPANTS
Purpose
Process Summary
Reevaluation Preparation
Opening Conference
Documentation Review
Site Walk-Through
Preparation of Findings
Reevaluation Report
Closing Conference
CHAPTER VII: MVPP FOR CONSTRUCTION DOCUMENT
Eligibility
Definitions
Unique Aspects of the MVPPC
Applying for the MVPPC
Onsite Evaluation
Approval and Re-approval Process
Appendix A - MVPP ACTIVITY LOG
Appendix B – INJURY AND ILLNESS RATE REQUIREMENTS
Appendix C - MVPP CHRONOLOGY OF EVENTS
Appendix D - MVPP REQUIREMENTS CHECKLIST
Appendix E – PREPARING PRE-APPROVAL AND FINAL REPORT
Appendix F – INTERVIEW QUESTIONS
Appendix G –SAFTEYAND HEALTH MANAGEMENT SYSTEM (SHMS) FINDINGS GUIDE
Appendix H – MVPP ANNUAL EVALUATION
Appendix I – REPORT FORMAT FOR REEVALUATION OF MVPP PARTICIPANTS
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MIOSHA-CET-ADM-17-1
November 28, 2017
Michigan Voluntary Protection Program (MVPP) Policies and Procedures
I. Purpose. This manual outlines the policies and procedures for the MVPP and revises and clarifies processes and procedures for administering and monitoring the program.
II. Scope. This instruction applies to all MIOSHA Consultation Education and Training (CET) Division MVPP activities.
III. References.
A. Agency Instruction MIOSHA-COM-08-2, Access to Medical Records, as amended.
B. CSP 03-01-003 – Voluntary Protection Programs (VPP): Policies and Procedures Manual. Occupational Safety and Health Administration (OSHA) Directive (2008, April 18).
C. MIOSHA Administrative Rule Part 11./R408.221011 et seq., Recording and Reporting of Occupational Injuries and Illnesses.
D. Michigan Occupational Safety and Health Act, R408.1001 et seq., P.A. 154 of 1974, as amended.
E. MVPP Application Guidelines.
F. Safety and Health Program Management Guidelines; Issuance of Voluntary Guidelines. OSHA Federal Register Notice 54:3904-3916 (1989, January 26).
IV. Distribution. MIOSHA Staff; Federal OSHA; S-drive Accessible; and MIOSHA Messenger.
V. Cancellations. CET-MEMO-ADM-09-1, March 2009 - Michigan Voluntary Protection Program for Construction (MVPPC).
VI. Contact: Sherry Scott, Safety and Health Program Manager/MVPP Manager and Doug Kimmel, MVPP Specialist
VII. Originator: Nella Davis-Ray, Director
CHAPTER I: INTRODUCTION
I. Definitions.
A. Act. The Michigan Occupational Safety and Health Act, Act No. 154 of the Public Acts of 1974, as amended, being 408.1001 et seq. of the Michigan Compiled Laws.
B. Agency. The Michigan Occupational Safety and Health Administration (MIOSHA) in the Michigan Department of Licensing and Regulatory Affairs (LARA).
C. Applicable Contractor’s Employees. Contractors whose employees worked at least 1,000 hours in any calendar quarter. Sites must keep, at a minimum, the total hours worked, total number of recordable injuries and illnesses, and number of days away from work or restricted work cases for all applicable contractor’s employees who work at their sites.
D. Authorized Employee Representatives or Representative of Employee. A person designated by a labor organization certified by the national labor relations board or employment relations commission as defined in section 2 (c) of Act No. 176 of the Public Acts of 1939, as amended, being section 423.2 of the Michigan Compiled Laws, as the bargaining representative for the affected employees. In the absence of certification, it shall be a person designated by the organization having a collective bargaining relationship with the employer and designated as having a collective bargaining relationship with the employer by the affected employees. If a labor organization has not been certified, or if no organization has a collective bargaining relationship with the employer, “authorized employee representative” or “representative of employee” means a person designated by the affected employees to represent them for the purpose of proceedings under this Act.
E. Complete Application. Applications that have been reviewed and found to meet application requirements. The data meets the requirements and documentation of safety and health management system (SHMS) eligibility is adequate.
F. Contractor. When determining the difference between employees and contractors the degree of supervision is key. Important factors which may also be considered in determining employee status are: (1) whom the worker considers to be his or her employer; (2) who pays the worker’s wages; (3) who withholds the worker’s Social Security taxes; (4) who hired the worker; and (5) who has the authority to terminate the worker’s employment.
G. Corporate/Company MVPP Representative. The individual designated by an applicant or participant company as the primary spokesperson regarding MVPP related activity at the corporation/company.
H. Days Away from work/Restricted work/or job Transfer (DART) rate. Cases related to days away from work/restricted work/or job transfers. This is a combined rate for lost work days, restricted work activity cases, and/or job transfer cases.
I. Department. The Michigan Department of Licensing and Regulatory Affairs (LARA).
J. Designated Geographic Area (DGA). A category of participation available to employers whose work is characterized by employees who move physically from one work project to another; governed by an approved MVPP resident contractor whose unique operation/project plan is performed at two or more fixed worksites that comprise one project within an approved geographic area.
K. Evaluation Report. A report, written by the MVPP evaluation onsite review team that makes recommendations for the site’s continued participation or advancement in the MVPP.
L. Fix-based Project. Site-specific construction project that typically is a multi-employer site with one or more controlling employers.
M. Mentoring. A formal process to assist companies/facilities interested in the MVPP or improving their SHMSs.
N. Mobile Workforce. A subcontractor or specialty trade contractor with employees who routinely move from site to site.
O. MVPP Activity Log. The log of MVPP activities related to companies within the MVPP, maintained in each applicant’s file. (See Appendix A).
P. MVPP Approval Ceremony. An event planned by the approved participant and normally held at the participant’s approved work location or headquarters, where a representative(s) from MIOSHA recognizes the participant’s achievement and, for initial program approvals, presents the MVPP plaque and MVPP flag.
Q. MVPP Manager. The MIOSHA staff person directly responsible for the day-to-day operations of the MVPP in the State of Michigan.
R. MVPP Monthly Report. The monthly summary of MVPP activity that is submitted by the MVPP specialist to the MVPP manager and MVPP participants’ site contacts.
S. MVPP Participant Representative. The applicant/participant employee designed as the primary contact with MIOSHA for matters concerning MVPP.
T. Onsite Review. A visit to an applicant or participating site by an MVPP onsite review team to determine whether the site qualifies to participate, continue participation, or advance within the MVPP.
U. Onsite Review Team. A group of safety and industrial hygiene personnel who conduct an evaluation of the MVPP applicant’s SHMS.
V. Process Safety Management (PSM) Specialist (Level 1). An individual who has successfully completed the OSHA Training Institute’s (OTI) Course 3300: Safety and Health in the Chemical Processing Industries; Course 3400: Hazard Analysis in the Chemical Processing Industries; and Course 3430: Advanced PSM in the Chemical Industries, or equivalent training or experience as demonstrated by training/education/job classification (for example, process safety manager, process safety engineer, etc.).
W. Resident Contractor. Employer that performs construction-related services at host sites such as power plants, chemical/petrol facilities, etc. An example would be a company that occupies a space at a site and, under contract, provides services at the facility.
X. Rising Star Program. Recognition awarded to MVPP applicants. Rising Star sites have a very good SHMS in place and have injury and illness rates that (two out of the last three years) are at or below the industry average. The Rising Star program provides the “stepping stone” for those companies that have the desire and potential to achieve Star status.
Y. Safety and Health Management System (SHMS). Management action to ensure effective interaction of the elements of a safety and health program that achieves a unified whole.
Z. Small Employer Adjustment. An alternative method for calculating incidence rates by using the best three out of the most recent four years’ injury and illness experience. This method is for small employers with a limited number of employees and/or employee hours worked.
AA. Star Program. The highest level of recognition awarded to MVPP applicants. Star sites have outstanding SHMSs and have injury and illness rates at or below the industry average for the last three complete calendar years.
BB. Total Case Incident Rate (TCIR). This includes injuries and illnesses.
CC. Team Leader. The MVPP staff person assigned to lead the onsite review team.
DD. Termination. Formal revocation of a MVPP participant from the MVPP.
EE. Voluntary Protection Program (VPP) Monthly Updates. The monthly report prepared by the MVPP manager and submitted electronically to Directorate of Cooperative and State Programs that provides information on the status of the MVPP (applications, re-evaluations, initials, withdrawals).
FF. Withdrawal. Voluntary decision by an applicant to withdraw the application to the MVPP or by a MVPP participant to withdraw from participation in the MVPP.
GG. Worksite. For MVPP purposes, a worksite is a location where work is performed by employees of an employer.
II. What is the MVPP? MVPP is a recognition and partnership program designed for worksites that implement outstanding systems to manage worker safety and health. The managers, employees, and any authorized representatives at these sites voluntarily implement comprehensive SHMS that go beyond basic compliance with MIOSHA standards.
Applicants can apply for either the Star program or the Rising Star program. The highest level of acknowledgement that can be achieved through the MVPP is the Star award. Establishments that do not yet meet the rigorous requirements of the Star program may qualify for the Rising Star program. Rising Star sites have the desire and potential to achieve Star status in one to three years. Exemptions from programmed inspections are granted for both Star and Rising Star sites.
Construction applicants must determine under which program they will apply for Star or Rising Star status as a Fixed-Base Project, Mobile Workforce, or Resident Contractor.
III. Background. The philosophy of MIOSHA has been to incorporate strong voluntary compliance programs along with fair enforcement efforts. The MVPP continues emphasis on the importance of worksite SHMSs in meeting the goals of the MIOSHAct, Public Act 154 of 1974, as amended, to provide safe and healthful work environments which are free from recognized hazards. The administering agency is MIOSHA.
The MVPP is implemented under Section 54 of the Act which directs the agency to develop and maintain education, training, and outreach programs which encourage employers and employees and their organizations in their efforts to reduce hazards, institute new programs, and improve existing programs in providing safe and healthy working conditions.
MIOSHA does not intend to increase the liability of any party in an approved MVPP site. Employees or any representatives of employees participating in the site’s SHMS are not assuming the employer's statutory or common law responsibilities for providing a safe and healthful workplace or, undertaking in any way to guarantee a safe and healthy work environment.
IV. General Information. The MVPP is based on a philosophy of trust and cooperation exhibited by all parties. Working together, all involved parties strive for accomplishments beyond the basic requirements of Act 154. However, participation in the program does not diminish employer or employee rights or responsibilities under the Act.
MIOSHA will continue to investigate valid, formal employee safety and health complaints, all fatalities and catastrophes, other significant accidents/incidents, and significant chemical spills or leaks.
Compliance with the Act and the standards set under the Act is mandatory. However, MIOSHA realizes that even the best of workplaces may occasionally be out of compliance with the standards. It is expected that applicants will take steps to identify these non-conformities and correct them as soon as possible. It is further expected that Star participants be on the leading edge of hazard prevention and make continual improvements in the SHMSs at their workplaces.
Companies that successfully meet the requirements of the MVPP will be expected to be mentors for others who want to improve their safety and health systems. Their programs and systems may also be used as models or examples for others. MIOSHA staff and MVPP participants work together to develop innovative solutions to safety and health concerns.
V. Overview of the MVPP Process.
A. An applicant must demonstrate that their site is operating an effective SHMS characterized by the following basic elements:
1. Management Leadership
2. Employee Involvement
3. Worksite Analysis
4. Hazard Prevention and Control
5. Safety and Health Training
6. Program Evaluation and Improvement
7. Coordination and Communication on Multiemployer Worksites
B. Employees must be actively engaged in the site’s SHMS, work with management to ensure a safe and healthy workplace, and agree to support the site’s application for MVPP. Collective bargaining representatives must provide written support of the MVPP applicant.
1. In non-represented workplaces, written support should be provided from employee representatives or safety committee members.
2. Fixed-based construction applicants will be responsible for obtaining commitment from each individual bargaining unit for all subcontractor employees who are represented by a union.
C. The site must meet the injury and illness incidence data requirements. Incentive programs need to be fully in line with Revised VPP Policy Memo #5 regarding not having the potential to discourage injury and illness reporting. This includes the components of a site’s program or a corporate program in which the site participates. If an incentive program has the potential to discourage injury and illness reporting, it is not allowed.
D. Potential sites meeting these initial eligibility requirements submit an application for the Star or Rising Star program describing their SHMS for worker protection.
E. MIOSHA evaluates the application. If the application is accepted, the MVPP team conducts onsite review(s) to verify that the program meets MVPP requirements. With approval comes MIOSHA’s public recognition of the applicant’s outstanding and comprehensive SHMS.
F. MIOSHA periodically reevaluates current participants to confirm their continuing qualification for MVPP. Onsite reevaluations are conducted between 30-42 months after approval, and subsequently every three years. Generally, Rising Star participants are evaluated within 18-24 months following approval. Construction participants are reviewed every 12-18 months.
VI. Terms of Participation. All Michigan industries who successfully meet the initial MVPP requirements can apply. All elements of the applicant’s SHMS must be in place and must have been implemented for a period of not less than 12 months prior to application. Please refer to the MVPP Application Guidelines (CET#0144b) for an application template and detailed instructions on the information SHMS supporting documents required to be submitted with the application.
A. Assurances. Applications for the Star and Rising Star programs must be accompanied by certain assurances (see Appendix E of the MVPP Application Guidelines).
1. The assurances reflect what the applicant will do as part of the company’s approved program.
2. The applicant will be required to demonstrate willingness to follow through on assurances.
B. Collective Bargaining Agent. If employees at a facility are represented by one or more collective bargaining agents, there must be a written statement that the collective bargaining agent supports participation in MVPP. Preferably the collective bargaining agent will actively support MVPP participation.
1. The applicant will decide whether the local collective bargaining agent, the authorized employee, or its international organization representative is the appropriate authorizing body. For example, the United Steelworkers of America have indicated that the international is the bargaining agent for its locals; on the other hand, others, such as local Building Trade Councils, appear to have decision-making authority in this regard.
2. At sites with employees organized into one or more collective bargaining units, the authorized representative for each collective bargaining unit must either sign the application or submit a signed statement indicating that the collective bargaining agent(s) support MVPP participation.
C. Contract Worker Coverage.
1. Written procedures are required for controlling safety and health conditions for all contract workers who are intermingled with the applicant’s own employees.
2. Requirements and responsibility for contract workers depend on whether they are regularly involved in the routine site operations, or are engaged in temporary projects such as construction, repair, etc.
3. Those employees involved in regular site operations must be afforded equal protection by the site SHMS. Examples of these contractors include custodial workers, “nested” maintenance contractors, temporaries, etc.